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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA Rapid Reclaim?


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Was just wondering if you've been on ESA for a few years and close your claim to move to a job you've been offered as it would pay more than the Permitted Work rules allow but then find you can't cope as the pressure of the job quickly starts to exacerbate your medical condition are you able to do a rapid reclaim and go back to where you were or would you be looking at going through the ESA system from day 1 again?

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A new ESA claim made within 12 weeks of the end of the previous claim will be "linked", so you would not have to start from scratch and would go back on ESA with the same status you had before. If the gap is more than 12 weeks there is no linking and you would start at the beginning again.

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Did they change the rules, just i'm sure if you had claimed IB and you decided you were fit enough to work ,and it didn't work out you had upto 12mths without having to go though the new claim process, ? I know they scrapped the back to work payments for work clothing and the 4 week payment of benefit following the start of employment

 

They did used to actually help people into work, they don't anymore

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  • 3 weeks later...

I had to do this in the end but after only a few weeks (much less than 12) of the claim being closed they took me through a fresh application, medical certificate requested, talk of medical etc. Is it possible they don't link claims anymore?

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So I got an ESA50 yesterday.

 

 

Have been told to start providing fit notes again.

 

 

I did mention my claim had only been closed for a few weeks when I reapplied but I remember the person I spoke to really was not interested in that.

 

 

Are they just going to ignore linking my claim maybe to ensure that I don't get the WRAG element if I were to be placed in the WRAG?

 

 

I assume I'm heading for a WCA medical.

 

 

It doesn't seem to add up.

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Well that's weird. Now I have a copy of my claim which mentions 'Rapid Reclaim' along with an award notice that mentions 'it has been confirmed you have limited capability for work' and saying I go straight back on the original benefit amount I was on when my claim was closed. I wonder now whether the ESA50 was automatically spat out by the system because of my reclaim or whether it is just my time to be reviewed?

 

 

I returned the ESA50 with supporting documentation anyway along with a fit note as was originally requested. I assume I don't need to supply any further fit notes now?

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